A dismissed charge and a criminal conviction follow different paths under Indiana expungement law. Recent dismissals may qualify for automatic sealing. Older non-conviction records and convictions may require different filing steps, waiting periods and costs.
Dismissed charges: Automatic sealing and filing rules
A dismissal ends a criminal case without a conviction, but the related arrest and court records may still remain public. Indiana law uses July 1, 2022, as the effective date for automatic expungement, meaning the rule generally applies to arrests occurring after June 30, 2022, including:
- Arrests after June 30, 2022: Indiana generally expunges dismissed or acquitted records automatically for arrests occurring after June 30, 2022. The specific timeline depends on the statute — an attorney or court clerk can confirm when automatic expungement is expected to occur for a particular record.
- Arrests before June 30, 2022: Automatic sealing does not apply. A petition generally requires a one-year waiting period. The waiting period runs from the date of arrest, not the date of dismissal, which affects when a person may file.
- Filing fees: Courts do not charge a filing fee for records that end without a conviction.
- Public records: A dismissed case may remain visible if the record has not been sealed.
A record check after the waiting period can confirm whether the case has been sealed. If the case remains public, additional court action may be needed.
Convictions: Waiting periods, fees and filing limits
Convictions generally require a formal petition and filing fee. All fines, court costs, fees and restitution must be paid before filing. Pending charges or recent convictions may also affect eligibility.
The main waiting periods are:
- Misdemeanors: Generally, five years must pass after conviction. During that time, no new convictions or pending charges may exist. All court-ordered terms, including jail, probation and parole, must also be complete.
- Level 6/Class D felonies: Generally, at least eight years must pass after the conviction or three years after the sentence ends, whichever comes later. A shorter waiting period may apply when a court reduces the felony to a misdemeanor.
- More serious felonies: Waiting periods vary by offense. Some require court approval, while others cannot be expunged. Checking eligibility first can help avoid a rejected petition.
Indiana law bars expungement for certain offenses, including some serious felonies. Because Indiana law limits a person to one expungement petition for conviction records, the filing must include every eligible conviction from every county. Convictions left out of the original petition cannot generally be expunged at a later date.
Reviewing Indiana records before filing
Indiana expungement can limit public access to criminal records, but eligibility depends on the record type, arrest date and sentence status. Because conviction records generally allow only one petition, reviewing records from every county involved can help ensure no eligible case is missed.